RSVP general terms and conditions

It is important to us that you understand these terms and conditions which relate to your use of www.rsvp.com.au (the "RSVP Sites"). If you have any questions, please contact us at support@rsvp.com.au or via the contact us page.

Agreement

By accessing and using the RSVP Sites, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the RSVP Sites relating to your use of the RSVP Sites ("RSVP Terms").

We may change the RSVP Terms at any time. If we do, an amended version of the RSVP Terms will be posted on the RSVP Sites. You are responsible for ensuring that you regularly review the RSVP Terms and your continued use of the RSVP Sites after any changes are made to the RSVP Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the RSVP Terms, or otherwise become dissatisfied with your membership of the RSVP Sites, your only remedy is to immediately:

discontinue your use of the RSVP Sites; and/or

terminate your membership in accordance with the RSVP Terms.

Membership and subscription

You must be at least 18 years old to become a member of the RSVP Sites. You must not attempt to register if you are under 18 years old.

When registering as a member of an RSVP Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant RSVP Site.

As a member of an RSVP Site, you are permitted to create one profile for yourself on that RSVP Site. You must not create multiple member profiles on the one RSVP Site.

All personal information you provide to us will be treated in accordance with our Privacy Policy.

Termination and suspension

You may terminate your membership of an RSVP Site for any reason only by providing written notice to us. You can provide notice of termination by:

selecting 'cancel account' within your Account settings and following the instructions;

mailing it to our postal address listed on the About Us page; or

emailing us via the Contact Us page.

We reserve the right to, without limitation, do any or all of the following in relation to your membership:

suspend your membership;

permanently or temporarily hide all or part of your member profile;

modify your member profile;

terminate your membership for any reason by providing notice to you by email;

terminate your membership immediately without notice to you if you have committed a breach of the RSVP Terms;

deactivate your membership if you have not used the RSVP Site for a period of 12 months or more (from the date of last use); and/or

permanently or temporarily block your access to all or part of the RSVP Sites.

Service and features

You may become a member of the RSVP Sites at no cost. As a member you will have the ability to access some, but not all, of the features and services on the relevant RSVP Site.

As a member, you will also have the ability to access chargeable features and services available on the RSVP Sites (such as communicating with other members, subscription services or any other chargeable service or feature that becomes available from time to time).

Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on the RSVP Sites. Any such additional terms and conditions form part of the RSVP Terms.

We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on the RSVP Sites.

We reserve the right to change the pricing for any chargeable service or feature on the RSVP Sites at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the RSVP Site or terminate your membership in accordance with the RSVP Terms.

Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on the RSVP Sites will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account.

In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.

While we use reasonable endeavours to ensure that the RSVP Sites are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the RSVP Sites may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any service or feature of the RSVP Sites in whole or in part any time.

You are not permitted to transfer any services or features purchased by you to any other person.

Secure access

You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

We may at any time request a form of identification to verify your identity and/or your compliance with the RSVP Terms.

Content

Any images, sounds, or text (Content) that you transmit or post on an RSVP Site, or otherwise transmit to any other member of an RSVP Site by any other means, must be complete and accurate.

You agree not to post or transmit on an RSVP Site, or otherwise transmit to any other member of an RSVP Site by any other means, Content that:

you do not have a right to make available under any law or contractual obligation;

is sexually explicit or contains sexual references / innuendo;

pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;

contains restricted or password only access pages, or hidden content; or

contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Without limiting the above, you must not transmit or post on an RSVP Site, or otherwise transmit to any other member of an RSVP Site by any other means, any images that contain:

images of any person other than you;

nudity;

images of animals;

a cartoon or illustration.

You are solely responsible for Content that you transmit or post on an RSVP Site, or otherwise transmit to any member of an RSVP Site by any other means.

We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the RSVP Sites, or otherwise transmitted to any member of an RSVP Site by any other means, by any person.

We reserve the right, but have no obligation, to review Content transmitted or posted on the RSVP Sites, or (where possible) otherwise transmitted to any member of an RSVP Site by any other means.

Without limiting your responsibilities under the RSVP Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the RSVP Terms or otherwise has the potential to harm, endanger or violate the rights of any person.

We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the RSVP Sites, or otherwise transmitted to any other member of an RSVP Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on the RSVP Sites, or otherwise transmitted to any other member of an RSVP Site by any other means.

Use of the RSVP sites and prohibited activities

You agree not to use the RSVP Sites (or contact any other member of an RSVP Site) to:

promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

exploit any person under the age of 18, or to solicit information from anyone under 18; or

solicit money, passwords or personal information from any person.

You also agree not to

use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the RSVP Sites;

"frame" or "mirror" any part of the RSVP Sites without our prior written authorization;

use code or other devices containing any reference to the RSVP Sites to direct other persons to any other web page;

except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the RSVP Sites or cause any other person to do so.

The RSVP Sites are for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The RSVP Sites must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the RSVP Sites is prohibited.

We have no obligation to monitor any member's use of an RSVP Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

Safe interaction, complaints and disputes

Unfortunately, it is possible that other members of an RSVP Site may use the RSVP Site in violation of the RSVP terms. For example, it is possible that another member may post or transmit on the RSVP Site Content that is obscene or offensive, or use the RSVP Site to harass you.

We take your online and offline security very seriously. As such, we have prepared some Safe Dating guidelines to help you enjoy your experience on the RSVP Sites and avoid problems when interacting with other members.

We urge you to be cautious when interacting with other members of an RSVP Site. You should carefully select the Content that you post or transmit on an RSVP Site, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on an RSVP Site, or otherwise transmit to any other member of an RSVP Site by any other means, will be considered non-confidential.

If you are experiencing problems with any other member of an RSVP Site and would like to make a complaint, please send us an email via the Contact Us page. Note that you can also use the 'RSVP block' feature if you wish to stop any other member from contacting you.

We may record and store any information relating to any complaint made against you.

We reserve the right, but have no obligation, to monitor disputes between members of an RSVP Site.

You agree to hold us harmless in connection with any dispute or claim that you make against any other member of an RSVP Site.

Intellectual property

We own and retain all proprietary rights in and relating to the RSVP Sites. Proprietary rights in and relating to the RSVP Sites must not be used in any way without our prior written consent.

You warrant that any Content that you post or transmit on an RSVP Site, or otherwise transmit to any other member of an RSVP Site by any other means, will not infringe the intellectual property rights of any third party.

Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.

No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on an RSVP Site, or otherwise transmitted to any member of an RSVP Site, other than their own Content, without the express written permission of the relevant owner.

If you believe that any Content has been posted or transmitted on an RSVP Site, or otherwise transmitted to any member of an RSVP Site by any other means, in violation of your rights, please send us an email via the Contact Us page.

External activities

From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).

External Activities may be subject to separate terms and conditions.

You acknowledge that you participate in any External Activities entirely at your own risk.

In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the RSVP Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third party websites and advertising

From time to time, the RSVP Sites may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the RSVP Sites and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the RSVP Site entirely at your own risk.

From time to time, the RSVP Sites may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

Limitation of liability and indemnity

You acknowledge that you use the RSVP Sites at your own risk.

You acknowledge that, to the maximum extent permitted by law, we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the RSVP Sites, or any other members' use of or conduct in connection with the RSVP Sites, in any circumstance.

You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the RSVP Sites, including any breach by you of the RSVP Terms.

To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the RSVP Sites purchased by you during the term of your membership.

To the maximum extent permitted by law, we exclude all liability for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

To the maximum extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the RSVP Terms. In particular, we do not make any representations or warranties that the RSVP Sites will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the RSVP Sites.

The RSVP Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

in the case of goods:

the replacement of the goods or the supply of equivalent goods;

the repair of the goods;

the payment of the cost of replacing the goods or of acquiring equivalent goods; or

the payment of having the goods repaired, and

in the case of services:

the supply of the services again; or

the payment of the cost of having the services supplied again.

General

No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the RSVP Terms or your use of the RSVP Sites.

The RSVP Terms represent the entire agreement between you and us regarding your use of the RSVP Sites.

If any provision of the RSVP Terms is held to be invalid, the remainder of the RSVP Terms shall continue in full force and effect.

You agree that the RSVP Terms will be governed by the laws of New South Wales.

RSVP stamps terms and conditions

Stamps are the currency used on www.rsvp.com.au to initiate contact with other members of the site. A stamp opens up a 30 day contact channel with the other person allowing you to message and/or chat with them within that period for free.

Details of prices and purchases options for stamps are available the buy stamps page.

You can purchase stamps using any major credit card online or by PayPal.

Stamp purchases are credited to your account upon approval of payment or upon activation of receipt number.

Stamps are non refundable and non transferable.

If you have unused stamps, we will send you a reminder 10 days before they expire. Provided you use these stamps before they expire, the contact channel will continue to be open for the allocated 30 days.

You can store your credit card details to make future purchases of stamps. When you make a credit card transaction, we give you the option to store the card details. You can un-tick the option if you do not wish to use this feature. You can also remove your credit card at any time from the payments management page.

Upgraded membership terms and conditions

Standout, Premium and Premium+ are premium membership services that give members access to a range of additional tools and functionality. Details of current membership options and prices are available at the RSVP product page.

Standout, Premium and Premium+ memberships are available through online credit card payments or Paypal. When you purchase a memberships via credit card, your credit card details will be stored to allow automatic renewals. Other payment methods, such as PayPal, are one off purchases and will not renew automatically. See the RSVP product page for further detail.

To ensure an uninterrupted service, the RSVP paid memberships will be automatically renewed 1 day before they expire. You can remove or change your credit card details and cancel the automatic renewal at any time from the RSVP membership payments management page.

There is no obligation or minimum amount of months for which you need to be subscribed. If you let us know before the end of your current subscription period that you no longer wish to subscribe, we will cancel your subscription to take effect at the end of that period.

You cannot put your paid RSVP membership on hold.

If your paid membership lapses or is cancelled, then you lose access to your paid features. However, all of your settings are remembered, and will be reinstated if you choose to renew.

If your Premium+ membership lapses or is cancelled, then you lose the stamps received from the membership which haven't been used yet.

Stamps received from a Premium+ membership roll over to the next month if they haven't been used in the month.